The main concerns of entrepreneurs in 2013 were related to criminal prosecutions, a poorly functioning judicial system and legislative initiatives, which they most often cannot influence. "Secret of the Firm" interviewed businessmen and lawyers and selected five government officials who were actively "causing business nightmares."

Text: Anastasia Yakoreva

1. Alexander Bastrykin

Initiated the repeal of Dmitry Medvedev's amendment on tax crimes, which prohibited the initiation of criminal cases without the participation of the tax inspectorate.

“We are reproached that there are few cases on tax charges... But this is because the cases were transferred to the tax inspectorates. And who dealt with tax crimes? Mostly girls. Well, what can these girls do?” - complained the head of the Investigative Committee (IC) of the Russian Federation, Alexander Bastrykin, in an interview with the Kommersant newspaper in February 2013. At the end of 2011, the then President of the Russian Federation Dmitry Medvedev introduced amendments to Articles 198 and 199 of the Code of Criminal Procedure, according to which it became possible to initiate criminal cases against entrepreneurs only based on the results of a tax audit that revealed the fact of non-payment of taxes. This became part of Medvedev's campaign to “humanize” the economic articles of the Criminal Code. If in 2009 13 thousand criminal cases were initiated for tax crimes, then as a result of “humanization” in 2012 there were slightly more than 1 thousand cases.

Bastrykin has repeatedly emphasized the inability of tax inspectorates to detect tax crimes and even proposed creating a financial police for this purpose. His proposals were eventually heard: in October 2013, President Vladimir Putin introduced a bill to the State Duma that would exclude Medvedev’s amendment from the Code of Criminal Procedure, that is, allowing the investigative committee to initiate criminal cases against entrepreneurs without the results of a tax audit.

Bastrykin’s complaints are not the only prerequisite for Putin’s initiative. “Liberalization has led to the fact that in some regions they have stopped initiating cases altogether. The treasury is suffering losses,” the president said.

2. Vyacheslav Lebedev

He failed the economic amnesty, initiated the process of unifying the courts and abolished the Supreme Arbitration Court.

“To deny entrepreneurs the reclassification of the article “Fraud”, and therefore to mitigate the punishment, is the unspoken order of the Chairman of the Supreme Court Vyacheslav Lebedev,” says one of the representatives of the human rights movement. The lawyers interviewed by the Federation Council agree with him.

From January 1, 2013, Article 159 of the Criminal Code of the Russian Federation “Fraud” introduced two “entrepreneurial” offenses with a shorter term - up to five years instead of ten. Entrepreneurs convicted under Article 159 received a chance to have their sentences commuted. The chances increased in July, when an amnesty was announced, which included “entrepreneurial” groups. The issue was retraining - most businessmen are imprisoned under the general 159th article.

The courts first postponed the appeals of businessmen, and then, allegedly having received Lebedev’s order, began to refuse retraining. As a result, the amnesty failed: instead of 100 thousand people, less than 1.5 thousand were released.

In addition, the Federation Council's interlocutors believe that the unification of the Supreme and Supreme Arbitration Courts is also an initiative of Vyacheslav Lebedev, which received the support of President Vladimir Putin. “The Supreme Court was the only progressive and open judicial body for entrepreneurs,” says one of the lawyers, who wished to remain anonymous. If Putin’s bill is adopted, YOU will be abolished, and references to it will be deleted from the Constitution.

3. Andrey Belyaninov

Abolished TIR Carnets for international carriers, worsening the state of the logistics industry.

Since July 2013, the head of the Federal Customs Service, Andrei Belyaninov, has been abolishing the TIR (international road transport) procedure in Russia and TIR transit carnets, accepted in 68 countries around the world. They allow road carriers to clear customs in a simplified manner, without providing a guarantee of payment of customs duties in each country through which the transportation route passes.

In Russia, ASMAP (Association of International Road Carriers) is responsible for issuing TIR Carnets and providing guarantees for payment of duties. More than 70% of cargo entering Russia was processed using TIR Carnets.

Belyaninov accused ASMAP of debt under guarantees to the Russian budget in the amount of 20 billion rubles. and stated that the TIR Carnet is no longer sufficient to clear customs.

As a result, at the Southern Customs Administration (working on the border with Ukraine), where, by order of Belyaninov, a new procedure for clearing customs began to take effect, there are many-kilometer queues of trucks. From November 19, a new procedure will be introduced in the North-West Customs Administration.

“Instead of the TIR procedure, we are offered to use a new, complex and costly procedure using paid services of structures affiliated with the Federal Customs Service of Russia,” representatives of the association write in their open letter. As a result, the international road transport industry will be paralyzed, they believe.

4. Irina Yarovaya

Lobbies for a bill on “paid parole” for entrepreneurs.

“A corpse, as a rule, “costs” 1 million rubles,” says Alexander Zabeida, managing partner of the law firm “Zabeyda, Kasatkin, Saushkin and Partners.” Such damage should usually be compensated to relatives by a person convicted of premeditated murder. If we are talking about economic crimes, then, for example, an entrepreneur was accused of stealing one billion rubles, which means he will have to return the billion.”

State Duma deputy from the United Russia faction Irina Yarovaya wants to force convicted entrepreneurs to compensate for the damage. Since 2012, she has been consistently working on a bill on “paid parole.”

In October 2013, the bill was adopted in the second reading. But before the third, Yarovaya made amendments to it: according to them, the convicted person will be able to count on parole only in the case of “full or partial” compensation for damage. And the amount of damage for economic crimes is often determined incorrectly and ends up being many times higher than for violent crimes, says Zabeida.

In addition, it is unclear from the wording of the law how the court will decide whether the damages should be fully or partially compensated - this decision falls on the judges.

The amendments will make it much more difficult for entrepreneurs to be released on parole, Alexander Zabeida believes, and the law itself, if adopted, will become a way to commercialize the Criminal Code. The law has now been adopted in the second reading.

5. Anton Siluanov

He continued to increase excise taxes on alcohol and review tax breaks for business.

Russian Finance Minister Anton Siluanov continues to increase excise taxes on tobacco and alcohol - the ministry has prepared a bill for the next three years. In 2014 and 2015, excise taxes on alcohol-containing products will increase by 20-25% annually, and in 2016 by 10%. Excise taxes on tobacco will increase by 45% in 2014 and by 20% in 2015.

“Already in 2013, it became clear that the alcohol market was in poor condition,” complains the director of CIFRRA Vadim Drobiz. “65% of the strong alcohol market is occupied by illegal products and surrogates.”

According to CIFRRA estimates, in 2013 the production of vodka in Russia will be reduced by 20%, champagne and cognac by 25%. The vacated space will be taken by shadow producers, Drobiz is sure, because there are no prerequisites for the consumption of alcoholic beverages to be reduced in the country.

The number of outlets selling alcohol decreased from 330 thousand (as of January 1, 2012) to 265 thousand and continues to decline. And each closed legal point gives three points of sale “from hand,” Drobiz calculated.

In addition, in the fall of 2013, Siluanov stated several times that it was necessary to optimize tax benefits for business, due to which the budget was not receiving enough revenue. “Companies that made long-term investment plans taking into account tax benefits may suffer,” says Yana Yakovleva, chairman of the Business Solidarity movement.

A nightmare business